Bare Acts › BNS 2023 › Chapter XV
BNS Chapter XV – Offences Against the Human Body (Sections 100–146)
Chapter XV is the largest and most frequently litigated chapter of the BNS. It covers homicide, culpable homicide, grievous hurt, rape, kidnapping, trafficking, and a range of other offences against persons. Several key provisions have been significantly updated from the IPC.
Homicide and Culpable Homicide
Section 100 defines culpable homicide as causing death by an act with the intention of causing death or grievous hurt, or knowledge that the act is likely to cause death. Section 101 defines murder as culpable homicide meeting any of four conditions (including acting with premeditation, or in furtherance of a common intention). The IPC distinction between Section 299 (culpable homicide) and Section 300 (murder) is preserved, with murder attracting death or life imprisonment under Section 103.
Rape and Sexual Offences (Sections 63–71)
Section 63 defines rape. Penetration of any kind without consent, or with consent obtained by fraud, fear, or incapacity, constitutes rape. The minimum sentence is 10 years rigorous imprisonment. Gang rape carries a minimum of 20 years or life imprisonment. A new provision penalises a person engaging in sexual intercourse with a woman by a false promise of marriage or employment (Section 69) — punishable with up to 10 years.
Key Changes from IPC
- Section 69 BNS specifically penalises sex on false promise of marriage or employment — a codification of judicial interpretation.
- Organised crime and terrorism offences involving murder now attract the death penalty or life imprisonment under Section 152.
- Hit-and-run causing death now carries up to 10 years imprisonment under Section 106(2) — a major change from the earlier framework.
Other Key Offences
Section 109 covers kidnapping from India or from lawful guardianship. Section 111 deals with trafficking of persons. Section 124 covers grievous hurt. Section 131 addresses causing death by rash and negligent act not amounting to culpable homicide (up to 5 years). Section 143 penalises assault or use of criminal force.
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